I want to strike off my defunct private limited company in Ajmer — what is the procedure?

Detailed Legal Analysis

To strike off a defunct private limited company in Ajmer, you must follow the procedure outlined under Section 248 of the Companies Act, 2013.

The procedure for striking off a company involves several steps, which are as follows:

• Eligibility Criteria: Ensure that your company meets the following criteria:
  • The company has not commenced any business since its incorporation.
  • It is not carrying on any business or operations for the last two financial years.
  • The company is not a listed company.
  • All liabilities of the company have been settled or are negligible.
• Board Resolution: Hold a board meeting to pass a resolution for the proposal to strike off the company. The resolution should include:
  • Reasons for striking off.
  • Confirmation that the company has no outstanding dues to the government or other entities.
• Filing Form STK-2: After passing the board resolution, file Form STK-2 with the Registrar of Companies (RoC) along with:
  • A copy of the board resolution.
  • A declaration in Form STK-3 that the company is eligible for strike off.
  • Indemnity bond in Form STK-4 signed by directors and shareholders.
  • A statement of accounts for the last financial year.
• Notice in Official Gazette: Upon receipt of Form STK-2, the RoC will publish a notice in the Official Gazette regarding the proposed strike off. This serves as a public notice for any objections.
• Final Approval: If no objections are raised within 30 days of the notice, the RoC will strike off the name of the company from the register and issue a certificate of dissolution.

It is essential to ensure compliance with all statutory obligations till the date of application. The relevant provisions for the strike-off process can be found in the Companies Act, 2013, specifically in Section 248 and the associated rules under the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016.

Finally, it is advisable to consult a legal professional or a company secretary for guidance through the process to avoid any procedural errors.